Md. Wasiuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76072 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- HABIBPUR District- Bhagalpur ====================================================== 1.

MD. WASIUDDIN, aged about 60 years, Male, Son of Late Amiruddin Resident of Mohalla - Daudchak, Dautwat, P.S. - Habibpur, District - Bhagalpur.

2.

Md. Furkan, aged about 24 years, Male, Son of Md. Wasiuddin Resident of Mohalla - Daudchak, Dautwat, P.S. - Habibpur, District - Bhagalpur. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners in the present case are seeking regular bail in connection with Habibpur P.S. Case No. 129 of 2019 registered under Sections 364(A)/34 of the Indian Penal Code. Learned counsel for the petitioners submits that both these petitioners have falsely been implicated in this case. The fact is that some dispute with regard to monetary transaction was going on between the parties and just in order to grab the amount, the informant has lodged the present case just to harass the petitioners. Learned counsel submits that the manner of the alleged occurrence seems to be highly improbable, however petitioners have no criminal antecedent and they are in custody

Patna High Court CR. MISC. No.76072 of 2019(2) dt.25-11-2019 2/3 since 19.08.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that in fact the thrust of the allegations are against Md. Imran @ Murga who is said to have abducted the informant for a short time and by keeping him in wrongful confinement under threat asked him to bring Rs. 1 Lakh and further submission that the manner of the alleged occurrence seems to be highly improbable and further so far as these two petitioners are concerned, they have been falsely implicated in this case because they happened to be the relations of Md. Imran and considering that these petitioners have no criminal antecedent, let the above-named petitioners be released on bail furnishing bail bond of Rs.

15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XIIth, Bhagalpur, in connection with Habibpur P.S. Case No. 129 of 2019 , subject to the condition as laid down under Section 437(3) Cr.P.C.

Patna High Court CR. MISC. No.76072 of 2019(2) dt.25-11-2019 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T